This document is an excerpt from the EUR-Lex website
Document 62009TA0123
Case T-123/09: Judgment of the General Court of 28 March 2012 — Ryanair v European Commission (State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons)
Case T-123/09: Judgment of the General Court of 28 March 2012 — Ryanair v European Commission (State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons)
Case T-123/09: Judgment of the General Court of 28 March 2012 — Ryanair v European Commission (State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons)
OJ C 138, 12.5.2012, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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12.5.2012 |
EN |
Official Journal of the European Union |
C 138/15 |
Judgment of the General Court of 28 March 2012 — Ryanair v European Commission
(Case T-123/09) (1)
(State aid - Loan granted to an airline company and capable of being counted as own capital - Decision declaring the aid incompatible with the common market - Sale of assets of an airline company - Decision finding no aid at the conclusion of the preliminary examination phase - Actions for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Jurisdiction - Duty to state reasons)
(2012/C 138/26)
Language of the case: English
Parties
Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)
Defendant: European Commission (represented by: L. Flynn, D. Grespan and E. Righini, Agents)
Interveners in support of the defendant: Italian Republic, (represented by: G. Palmieri and P. Gentili, lawyers); and Alitalia — Compagnia Aerea Italiana SpA (Fiumicino, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)
Re:
Partial annulment of Commission Decision 2009/155/EC of 12 November 2008, concerning the loan of EUR 300 million granted by Italy to the airline company Alitalia (C 26/08 (ex NN 31/08)) (OJ 2009 L 52, p. 3), and the annulment of Commission Decision C(2008) 6745 final of 12 November 2008, concerning State Aid (N 510/2008, OJ 2009 C 46, p. 6) — Italy — Sale of the assets of Alitalia.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Ryanair Ltd to pay its own costs and those incurred by the European Commission and Alitalia — Compagnia Aerea Italiana SpA; |
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3. |
Orders the Italian Republic to bear its own costs. |